Harris Teeter hit with lawsuit over ‘deceptively labeled’ cereal bars

Harris Teeter “misbranded and deceptively labeled” its brand of cereal bars as naturally flavored, according to a lawsuit filed in federal court.

The plaintiff is seeking certification for a class-action.

The Matthews-based grocery chain labels the front and the back of its fruit cereal bars as “Naturally Flavored with Other Natural Flavors,” despite using artificial flavors, according to the lawsuit filed Thursday in U.S. District Court for the Western District of North Carolina.

“The statements are false and/or misleading,” according to the lawsuit. “Consumers depend on food manufacturers to tell the truth about the characteristics of their products while making decisions about which products to buy and consume.”

Harris Teeter officials did not immediately respond to requests for comment Monday.

Harris Teeter, a subsidiary of Kroger Co. based in Ohio, has more than 250 stores and 60 fuel centers in North Carolina, South Carolina, Virginia, Georgia, Maryland, Delaware, Florida and the District of Columbia.

Food testing and disclosures

Ellen Zwilling bought the Harris Teeter brand of mixed berry cereal bars twice last year at a Wake Forest store. Zwilling believed the product was naturally flavored, as advertised and reinforced by the depictions of fruit on the label, according to the lawsuit.

However, testing by an independent laboratory, Krueger Food Laboratories Inc. in Chelmsford, Massachusetts, in May this year found the presence of “DL-malic” which does not occur naturally, the lawsuit states. Instead, the manufacturer replicated or reinforced flavors, such as blueberry, using malic acid and adjusting sugars and acids.

“(DL malic acid) is not derived from a fruit or vegetable or any other natural source, but rather from a petroleum substrate,” the lawsuit states.

The Food, Drug, and Cosmetic Act (FDCA) requires food to be prominently labeled “artificially flavored” if any part “simulates, resembles or reinforces” a flavor.

Harris Teeter’s cereal bars have none of the required disclosures regarding the use of artificial flavors, according to the lawsuit. “In fact, the products’ front label bears the false and deceptive statements that they are ‘naturally flavored,’” the lawsuit states.

Customers, like Zwilling, also pay more for “all-natural” foods that are minimally processed, or free from artificial flavors or preservatives.

The plaintiff seeks monetary damages and an order to correct advertising, and demands a jury trial.

Attorneys with De Ondarza Simmons in Raleigh and Charles C. Weller in San Diego, California, represent the plaintiff.